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(영문) 광주지방법원 2013.09.12 2013고단3373
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Crane car.

On June 9, 2013, at around 01:10, the Defendant driven the said car while under the influence of alcohol of 0.160% of alcohol level 0.160%, and passed two-lanes in the vicinity of the debris tunnel around national highways No. 22, Young-gu, Young-gu.

At the time of night, it was difficult to view the front door at night, and there was a centralized separation scheme in order to classify the passage therein, so there was a duty of care to make a person engaged in driving of a motor vehicle well look at the front door and to safely proceed along his driving lane.

Nevertheless, the Defendant neglected to drive normally due to the influence of alcohol, and neglected to do so, and caused the victim E (the aged 22) who was driving a DK5 vehicle from the opposite opposite lane to Gwangju, in accordance with the opposite lane, to drive the DK5 vehicle on the opposite lane, and caused the victim E (the aged 22) who was driving in the opposite lane to avoid the collision with the above franchise that the Defendant drives, by plplbing hand on the left side, to take the above central separation zone on the front part of the above K5 vehicle.

Ultimately, the Defendant caused the injury to the victim E, which requires approximately two weeks of treatment by occupational negligence, to the victim F (23 years of age) who was on the part of the victim F (23 years of age) who was on the right side of the treatment days, and suffered injury to the victim G (23 years of age) who was in the same line, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E (Simplified traffic) and the police statement of F;

1. A written Gation (the occurrence of traffic accidents);

1. A traffic accident report;

1. Report on detection of, and circumstantial statement of, a host driver;

1. Application of Acts and subordinate statutes (E, F, G);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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